Madras High CourtWP/29190/2015disposed of

The Metropolitan Transport v. Thiruverkadu Municipality,

2022-12-06Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.

29190 of and M.P.No.

1 of The Metropolitan Transport Corporation (Chennai) Limited, Represented by its Senior Division Manager, Registered office Pallavan House, Anna Salai, Chennai - 600 002.

.. Petitioner Vs.

1. Thiruverkadu Municipality, Represented by its Commissioner, Thiruverkadu.

2. The Thasildar, Poonamallee Division, Poonamallee - 600 056.

Thiruvallur District.

.. Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus forbearing the respondents from interfering with the petitioner's peaceful possession and enjoyment of the petitioner's bus stand in Thiruverkadu Municipality, except by the procedures contemplated under the Tamil Nadu District Municipalities Act, 1920 or any other due process of law.

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For Petitioner : Mr.C.Gauthamraj For Respondent 1 : Mr.R.Mohandoss For Respondent 2 : Mr.N.Naveen Kumar Government Advocate - - - - -

O R D E R

This writ petition has been filed seeking to forbear the respondents from interfering with the petitioner's peaceful possession and enjoyment of the petitioner's bus stand in Thiruverkadu Municipality, except by the procedures contemplated under the Tamil Nadu District Municipalities Act, 1920 or any other due process of law.

2. The learned counsel appearing for the first respondent would submit that the first respondent Municipality at present has not taken over the bus stand and they are not interfering with the bus stand. The said statement made by the learned counsel appearing for the first respondent is recorded.

3. Such view of the matter, the writ petition is disposed of and if in future any action is to be taken by the municipality claiming right over the bus stand, the same should be done by following the due process of law. 2/4

Consequently, the connected miscellaneous petition is closed. No costs. 06.12.2022 Index : Yes / No kk To

1. The Commissioner, Thiruverkadu Municipality, Thiruverkadu.

2. The Thasildar, Poonamallee Division, Poonamallee - 600 056.

Thiruvallur District.

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N.SATHISH KUMAR, J.

kk and M.P.No.1 of 2015 06.12.2022 4/4